M-16 Restricted?

Ar180shooter

Ar180shooter

CGN Ultra frequent flyer
Rating - 100%
162   0   0
Location
Ottawa, ON
Ok, so I don't want to seem like a troll here, but I was going over the OIC's, and found this:

This list of restricted firearms specified in the December 1, 1998 Criminal Code regulations includes all firearms that have been restricted by a former Order in Council.

* The firearms of the designs commonly known as the High Standard Model 10, Series A shotgun and the High Standard Model 10, Series B shotgun, and any variants or modified versions of them.
* The firearm of the design commonly known as the M-16 rifle, and any variant or modified version of it, including the:
o Colt AR-15;
o ...
Click to expand...

I'm specifically interested in:

The firearm of the design commonly known as the M-16 rifle, and any variant or modified version of it
Click to expand...

Technically, this would mean that the M-16, even though it would meet the definition of a prohibited firearm (either 12.2 or 12.3), it has been named as an exception by name.

As we know, there have been other firearms that have been exempted from the definition of being a prohibited firearm, like the Benelli MP 90 S.

I know this may seem like a long shot, but has anyone challenged the status their M-16 being prohibited based on this?

Also, if this should be in the Legalese section and a Mod moves it, I won't take it personally... or will I? :p
 
That has been a pet peeve of some people for awhile. Since the AR15 rifle predates the M16, and the M16 is the design mentioned in the OIC, then AR15 rifles are wrongly deemed restricted. This could also indicate that M16's (which only come in full-auto versions AFAIK) should be restricted rather than prohibited.
 
Humm... All fully-automatic firearms are prohibited... "M-16" refers to any firearms that looks like an M-16... Same as the references to "AK-47"... They even classified some semi-auto blowback operated .22 rifles as prohibited because they look like M-16, AR-15, CAR-15, etc... Looks is all it is with this innane law...
 
Shrapnel said:
Humm... All fully-automatic firearms are prohibited... "M-16" refers to any firearms that looks like an M-16... Same as the references to "AK-47"... They even classified some semi-auto blowback operated .22 rifles as prohibited because they look like M-16, AR-15, CAR-15, etc... Looks is all it is with this inane law...
Click to expand...

Yes, I know that is what the law is supposed to mean, and it is enforced that way. But it does specifically state the M-16 and it's variants. It'd be interesting if someone had the time and money (balls too), and who can legally buy an M-16, who could try and import it since it is specifically named a restricted firearm. If they had deep enough pockets, I bet they could win.
 
Yes the OIC is written really poorly, but stir the pot too much and you might get response from DOJ writing a new submission to Cabinet recommending that the AR-15 be prohibited as they originally wanted to do.

My guess is that they cut and pasted the entire section on the AR-15 from the prohibited section and put it under the restricted one. The OIC would have been more consistent that way if that`s how it was drafted in the beginning.
 
FPembleton said:
Yes the OIC is written really poorly, but stir the pot too much and you might get response from DOJ writing a new submission to Cabinet recommending that the AR-15 be prohibited as they originally wanted to do.
Click to expand...

I don't think they'd re-classify the AR-15 as prohib. They'd probably just re-write the OIC.
 
Ar180shooter said:
Technically, this would mean that the M-16, even though it would meet the definition of a prohibited firearm (either 12.2 or 12.3), it has been named as an exception by name.
Click to expand...

How on earth do you reach this conclusion?

The text that you quoted means that anything that is marked "M-16" is deemed restricted at a minimum. It absolutely does not mean that it is only restricted, regardless of other features. The presence of other features (such as full auto) can still bump it up to prohibited.
 
BattleRife said:
How on earth do you reach this conclusion?

The text that you quoted means that anything that is marked "M-16" is deemed restricted at a minimum. It absolutely does not mean that it is only restricted, regardless of other features. The presence of other features (such as full auto) can still bump it up to prohibited.
Click to expand...

There are a number of firearms that meet the definition of a prohibited firearm, but they are exempted by name and are thus restricted (they are pistols). The point I was trying to make is that the M-16 is only F/A, there is no semi-auto M-16 (unless converted), yet it is specifically named as restricted firearm.

All I was wanting to find out with this thread is if someone had challenged the prohibited status of their M-16 based on the poor wording of the OIC, or if people would think it might be possible to do so.

The whole point of an IOC is to place a firearm within a different classification than it should be. I know this was not the intent of the law, but it is technically what it says.
 
This feeds into the recent Ontario court ruling regarding the AP74 rifle, which is prohib as an AK variant. The court struck down that classification based on the fact that the AP74 is not and cannot be said to be a variant of the AK47, as it does not have the 'threat to the public' features that are the reason for the AK's prohibition. This judgement is under Crown appeal, but has some fascinating possibilities if the original judgement is upheld. It's generally considered to be in our interests not to discuss these possibilities on an open forum.
 
enefgee said:
. It's generally considered to be in our interests not to discuss these possibilities on an open forum.
Click to expand...

So the dogs will be content with a few scraps until their utility is diminished to nothing and the farmer decides to take 'em out back...
 
there is no point in all of this just like the mp5 even if an m-16 would be restrited you would never find anyone willing / able to sell you one
 
You must log in or register to reply here.
Back
Top Bottom